Judges on 9th Circuit Just Torched Court’s Decision on Trump Travel Ban to Correct ‘Many and Obvious’ Errors

TheDaliLama's Avatar
Judges on 9th Circuit Just Torched Court’s Decision on Trump Travel Ban to Correct ‘Many and Obvious’ Errors

http://ijr.com/2017/03/826494-judges...bvious-errors/

The 9th Circuit Court of Appeals has refused to hear an appeal on the original Trump travel ban but the scorching dissent by five judges fiercely argues that the court made a huge mistake:

“The panel’s errors are many and obvious. ... and stands contrary to well-established separation-of-powers principles.”

In February, a panel of three judges from the 9th Circuit heard arguments via telephone for and against the ban. The judges ruled that the ban was illegal and stopped it.


In fact, the opinion said that the previous order should be dumped because it was so bad, it shouldn’t be referred to in any future case:

We have an obligation to correct our own errors, particularly when those errors so confound Supreme Court and Ninth Circuit precedent that neither we nor our district courts will know what law to apply in the future.

We should have exercised that discretion in this case because the panel made a fundamental error. It neglected or overlooked critical cases by the Supreme Court and by our court making clear that when we are reviewing decisions about who may be admitted into the United States, we must defer to the judgment of the political branches.

Attorney Robert Barnes wrote in Lawnewz that the dissent was so thorough a pummeling of the previous opinion that it stood as a reminder of "just how embarrassingly bad the prior 9th Circuit stay panel decision was on Trump’s travel ban”:

The language of the opinion was almost Scalian: the five Ninth Circuit judges noted their “obligation to correct” the “manifest” errors so bad that the “fundamental” errors “confound Supreme Court and Ninth Circuit precedent.” The district court questioned any judge issuing a “nationwide TRO” “without making findings of fact or conclusions of law” on the merits of the matter and conducting published opinions on seminal matters of national security based on “oral argument by phone involving four time zones.”

The five judges wrote that halting the travel ban was “unreasoned,” a “clear misstatement of law” and “ignore[d] the realities of our world” and that they had a duty to set the record straight:

Above all, in a democracy, we have the duty to preserve the liberty of the people by keeping the enormous powers of the national government separated. We are judges, not Platonic Guardians. It is our duty to say what the law is, and the meta-source of our law, the U.S. Constitution, commits the power to make foreign policy, including the decisions to permit or forbid entry into the United States, to the President and Congress. We will yet regret not having taken this case en banc to keep those lines of authority straight.

Wednesday, a Hawaii judge ruled against Trump’s rewritten travel ban.

President Trump has vowed to take his travel ban cases to the U.S. Supreme Court.
The_Waco_Kid's Avatar
this ain't over yet! the 9th court's liberal bias is well known and has been reversed by the Supreme Court before.

those San Fran faggots!

Obama did this and no one .. i mean no one .. raised such a stink .. now when the Lord Emperor .. um .. dur fuhrer .. nah i meant .. President Trump does the same thing that is clearly defined as a presidential power .. by Carter, Obama, Reagan et el .. it's suddenly now unconstitutional?

what constitution are these idiots reading? Vlad Lenin's?
Yssup Rider's Avatar
HAHAHAHAHAHAHAAAA!!!

FAKE NEWS
FAKE NEWS
FAKE NEWS

HAHAHAHAHAHAHAHAAAAAA!

Twitler has lost on that one twice.

Maybe this will keep him occupied while the government spends its time and our money investigating his criminal ass instead of imploding.

Twitler is truly a force of nature!

So is taking a shit.
The_Waco_Kid's Avatar
HAHAHAHAHAHAHAAAA!!!

FAKE NEWS
FAKE NEWS
FAKE NEWS

HAHAHAHAHAHAHAHAAAAAA!

Twitler has lost on that one twice.

Maybe this will keep him occupied while the government spends its time and our money investigating his criminal ass instead of imploding.

Twitler is truly a force of nature!

So is taking a shit. Originally Posted by Yssup Rider

don't count yer piglets until they are weaned u fat gay pig!
lustylad's Avatar
don't count yer piglets until they are weaned u fat gay pig! Originally Posted by The_Waco_Kid
Can a gay barrow pig like assup have piglets?
HAHAHAHAHAHAHAAAA!!!

FAKE NEWS
FAKE NEWS
FAKE NEWS

HAHAHAHAHAHAHAHAAAAAA!

Twitler has lost on that one twice.

Maybe this will keep him occupied while the government spends its time and our money investigating his criminal ass instead of imploding.

Twitler is truly a force of nature!

So is taking a shit. Originally Posted by Yssup Rider

The self-loathing Shit Eater and his mooslem buddies...



PLAINTIFF BEHIND TRUMP TRAVEL BAN RUNS MUSLIM BROTHERHOOD MOSQUE

Imam born and raised in Egypt, migrated to U.S.
Published: 12 hours ago. Updated: 03/16/2017 at 10:05 PM






The main plaintiff in the Hawaii case blocking President Trump’s revised temporary travel ban is an imam with ties to the Muslim Brotherhood.

The irony is hard to miss: Trump has talked about declaring the Muslim Brotherhood a terrorist organization, and now it is a Brotherhood-backed imam who is playing a key role in blocking his executive order on immigration.

Imam Ismail Elshikh, 39, leads the largest mosque in Hawaii and claims he is suffering “irreparable harm” from the president’s executive order, which places a 90-day ban on travel to the U.S. from six countries.

One of those six countries is Syria. Elshikh’s mother in law is Syrian and would not be able to visit her family in Hawaii for 90 days if Trump’s ban were allowed to go into effect.

Hawaii’s Obama-appointed federal judge, Derrick Watson, made sure the ban did not go into effect, striking it down Wednesday while buying Hawaii’s claim that it amounts to a “Muslim ban.” The state’s attorney general, along with co-plaintiff Elshikh, claims the ban would irreparably harm the state’s tourism industry and its Muslim families.

According to the lawsuit:

“Plaintiffs allege that the Executive Order subjects portions of the State’s population, including Dr. Elshikh and his family, to discrimination in violation of both the Constitution and the INA, denying them their right, among other things, to associate with family members overseas on the basis of their religion and national origin. The State purports that the Executive Order has injured its institutions, economy, and sovereign interest in maintaining the separation between church and state.”

The vast majority of Hawaii’s roughly 5,000 Muslims attend Elshikh’s mosque, the Muslim Association of Hawaii, which is located in a residential area of Manoa, Honolulu. The mosque, despite its ties to what many believe is an extremist and subversive organization, the Muslim Brotherhood, may now hold the key to whether the Trump travel ban passes muster in the federal court system.

Elshikh was born and raised in Cairo, Egypt, the home base of the Muslim Brotherhood, whose stated goal is to spread Shariah law throughout the world.

The proof that his mosque is affiliated with the Brotherhood is found in the court records for Honolulu County, which lists the deed holder as the North American Islamic Trust.

John Guandolo, a former FBI counter-terrorism specialist and now private consultant to law enforcement at Understanding the Threat, said all mosques under the “Muslim Association of” moniker are typically affiliated with the Brotherhood.

But the clincher in this case is that the mosque property is traced to NAIT, “confirming it is a Muslim Brotherhood organization,” Guandolo told WND in an email.


Read more at http://www.wnd.com/2017/03/plaintiff...30ikQoeLdwC.99